Major Constitutional Amendments have played a vital role in shaping the Constitution of India according to the changing needs of society and the country. The Constitution is considered a living document because it can be amended whenever required. As India grows and faces new political, social, and economic challenges, changes in the Constitution become necessary to ensure that it continues to serve the people effectively.
Thank you for reading this post, don't forget to subscribe!The Constitution of India came into force on 26 January 1950. Although it is one of the most detailed constitutions in the world, its makers understood that no Constitution can remain unchanged forever. Therefore, they included a provision for amendments so that Parliament could modify certain parts whenever necessary.
The power to amend the Constitution is provided under Article 368 in Part XX of the Constitution. According to this Article, Parliament can add, remove, or change any provision by following a special procedure. However, this power is not unlimited. In the famous Kesavananda Bharati Case (1973), the Supreme Court ruled that Parliament cannot alter the Basic Structure of the Constitution. This judgment protects the core values of the Constitution, such as democracy, secularism, federalism, judicial independence, and the rule of law.
Since 1950, many Constitutional Amendments have been passed. Some amendments made minor changes, while others completely transformed India’s political and legal system. This article discusses the major Constitutional Amendments from the First Amendment Act (1951) to the Thirty-Eighth Amendment Act (1975) and explains their importance in simple language.
What is a Constitutional Amendment?
A Constitutional Amendment is the process of changing any part of the Constitution. Parliament makes these changes whenever existing laws need improvement or when new situations require constitutional provisions.
The amendment process ensures that the Constitution remains relevant while preserving its basic principles.
Why are Constitutional Amendments Necessary?
Constitutional Amendments are important for several reasons:
- They help the Constitution meet changing social and economic conditions.
- They remove legal problems identified by courts.
- They improve governance and administration.
- They strengthen democracy and protect citizens’ rights.
- They help create new states and reorganize existing ones.
- They allow the government to implement important reforms.
Without amendments, the Constitution would become outdated over time.
Article 368 and the Power to Amend
Article 368 gives Parliament the authority to amend the Constitution.
Depending on the type of amendment, Parliament may need:
- A simple majority
- A special majority
- A special majority along with approval by at least half of the State Legislatures
However, after the Kesavananda Bharati judgment, Parliament cannot change the Basic Structure of the Constitution.
First Constitutional Amendment Act, 1951
The First Constitutional Amendment was passed only one year after the Constitution came into force.
Why was it needed?
Several Supreme Court judgments created difficulties for the government regarding land reforms, freedom of speech, and reservation policies.
The government wanted to remove these legal obstacles and continue its social and economic reform programmes.
Major Changes
Reservation for Backward Classes
The amendment allowed the government to make special provisions for socially and educationally backward classes. This laid the foundation for reservation policies.
Protection of Land Reforms
Articles 31A and 31B were inserted to protect land reform laws from being challenged in courts.
Ninth Schedule
The Ninth Schedule was introduced to protect certain laws, especially land reform laws, from judicial review.
Restrictions on Freedom of Speech
Three additional reasonable restrictions were added:
- Public order
- Friendly relations with foreign countries
- Incitement to an offence
State Monopoly
The amendment also allowed the government to nationalize industries and create state monopolies without violating the right to trade.
Fourth Constitutional Amendment Act, 1955
The Fourth Amendment further strengthened land reforms.
Major Changes
- Courts could no longer question the amount of compensation paid for compulsory acquisition of private property.
- The government received wider powers to nationalize industries.
- More laws were added to the Ninth Schedule.
- The protection available under Article 31A was expanded.
This amendment helped the government continue its land redistribution programmes.
Seventh Constitutional Amendment Act, 1956
The Seventh Amendment is considered one of the most important amendments in Indian history because it reorganized India’s states.
Why was it needed?
The States Reorganisation Commission recommended reorganizing states mainly on linguistic lines.
Major Changes
Reorganization of States
The old classification of states into Part A, Part B, Part C, and Part D was abolished.
India was reorganized into:
- 14 States
- 6 Union Territories
High Courts
The amendment:
- Extended High Court jurisdiction to Union Territories.
- Allowed one High Court to serve multiple states.
- Introduced provisions for additional and acting judges.
Changes in Schedules
Necessary changes were made in the Second and Seventh Schedules.
This amendment greatly improved administrative efficiency.
Ninth Constitutional Amendment Act, 1960
Why was it needed?
India and Pakistan signed the Nehru-Noon Agreement (1958) to divide the Berubari Union.
The Supreme Court ruled that Indian territory could not be transferred to another country through an ordinary law. A Constitutional Amendment was necessary.
Major Change
The amendment allowed the transfer of the Berubari Union in West Bengal to Pakistan according to the agreement.
Tenth Constitutional Amendment Act, 1961
The Tenth Amendment officially added Dadra and Nagar Haveli to the Indian Union after it was liberated from Portuguese rule.
It was declared a Union Territory.
Eleventh Constitutional Amendment Act, 1961
This amendment changed the election process of the Vice-President.
Major Changes
- The Vice-President would now be elected by an Electoral College.
- Elections of the President or Vice-President could not be challenged simply because of vacancies in the Electoral College.
This made the election process smoother and legally stronger.
Twelfth Constitutional Amendment Act, 1962
This amendment incorporated Goa, Daman and Diu into India after their liberation from Portuguese rule.
They became part of the Indian Union as Union Territories.
Thirteenth Constitutional Amendment Act, 1962
The Thirteenth Amendment granted statehood to Nagaland.
It also introduced special constitutional provisions to protect the customs, traditions, and rights of the people of Nagaland.
These safeguards continue even today.
Fourteenth Constitutional Amendment Act, 1962
This amendment brought Puducherry into the Indian Union.
It also allowed legislatures and Councils of Ministers to be established in certain Union Territories, including:
- Himachal Pradesh
- Manipur
- Tripura
- Goa, Daman and Diu
- Puducherry
This strengthened democratic governance in Union Territories.
Seventeenth Constitutional Amendment Act, 1964
The Seventeenth Amendment further promoted land reforms.
Major Changes
- Farmers cultivating their own land received greater protection.
- Market value compensation became necessary in certain cases.
- Forty-four more laws were added to the Ninth Schedule.
The amendment reduced legal obstacles to agricultural reforms.
Eighteenth Constitutional Amendment Act, 1966
This amendment clarified Parliament’s powers regarding the creation of new states.
It confirmed that Parliament could create a new state or Union Territory by combining parts of existing states or Union Territories.
As part of this process:
This amendment helped improve administrative efficiency.
Twenty-First Constitutional Amendment Act, 1967
India is a multilingual country with hundreds of languages.
The Twenty-First Amendment added Sindhi to the Eighth Schedule of the Constitution.
It became the fifteenth officially recognized language.
This amendment promoted India’s linguistic diversity.
Twenty-Fourth Constitutional Amendment Act, 1971
This amendment became necessary after the Golaknath Case (1967).
The Supreme Court had ruled that Parliament could not amend Fundamental Rights.
The government disagreed with this decision.
Major Changes
- Parliament’s power to amend any part of the Constitution, including Fundamental Rights, was restored.
- Articles 13 and 368 were amended.
- The President was made legally bound to give assent to Constitutional Amendment Bills.
This amendment strengthened Parliament’s constitutional powers.
Twenty-Fifth Constitutional Amendment Act, 1971
The Twenty-Fifth Amendment reduced the importance of the Right to Property.
Major Changes
- The Right to Property was further restricted.
- Laws implementing Article 39(b) and Article 39(c) of the Directive Principles received greater protection from judicial review.
The amendment aimed to reduce economic inequality.
Twenty-Sixth Constitutional Amendment Act, 1971
Before Independence, many princely states had rulers who later joined the Indian Union.
They continued receiving annual payments called Privy Purses.
The Twenty-Sixth Amendment abolished:
- Privy Purses
- Special privileges of former rulers
This promoted equality among all citizens.
Thirty-First Constitutional Amendment Act, 1973
Following the 1971 Census, India’s population had increased significantly.
The amendment increased the strength of the Lok Sabha.
The maximum number of elected members rose from 525 to 545.
This ensured better representation of the growing population.
Thirty-Third Constitutional Amendment Act, 1974
Sometimes legislators resigned under political pressure.
To prevent misuse, this amendment provided that:
- The Speaker or Chairman must verify whether a resignation is voluntary and genuine.
- Only then can the resignation be accepted.
This protected the integrity of democratic institutions.
Thirty-Fifth Constitutional Amendment Act, 1974
The Thirty-Fifth Amendment changed the constitutional relationship between India and Sikkim.
Major Change
Sikkim became an Associate State of India.
A new Tenth Schedule was added to define this relationship.
However, this arrangement lasted only for a short time.
Thirty-Sixth Constitutional Amendment Act, 1975
The Thirty-Sixth Amendment made Sikkim a full-fledged State of India.
The earlier Tenth Schedule was removed.
Sikkim became India’s twenty-second state and received full constitutional rights.
Thirty-Eighth Constitutional Amendment Act, 1975
This amendment was passed during the period of National Emergency.
Major Changes
- The President’s declaration of National Emergency became non-justiciable.
- Ordinances issued by the President, Governors, and Union Territory Administrators could not be challenged in courts.
- The President was allowed to issue multiple Emergency Proclamations simultaneously on different grounds.
This amendment significantly increased executive powers during emergencies.
Importance of These Constitutional Amendments
The amendments discussed above played a major role in India’s constitutional development.
They helped:
- Strengthen land reforms.
- Protect weaker sections of society.
- Reorganize states.
- Expand democratic representation.
- Improve administrative efficiency.
- Recognize linguistic diversity.
- Strengthen Parliament’s powers.
- Integrate new territories into India.
- Balance the powers of Parliament, Judiciary, and Executive.
Many of these amendments continue to influence India’s governance today.
Conclusion
Major Constitutional Amendments have shaped modern India’s political and legal system. They show that the Constitution is a flexible document capable of adapting to changing national needs while protecting democratic values.
From protecting land reforms through the First Amendment to reorganizing states, integrating new territories, expanding Parliament’s powers, and granting statehood to regions like Nagaland and Sikkim, these amendments have played a crucial role in nation-building.
At the same time, important Supreme Court judgments, especially the Kesavananda Bharati Case, ensured that Parliament’s amendment powers remain balanced by protecting the Basic Structure of the Constitution. This balance has helped preserve democracy, justice, and the rule of law in India.
As India continues to evolve, Constitutional Amendments will remain an essential tool for strengthening governance while safeguarding the fundamental principles on which the Constitution was built.
FAQs
1. What is a Constitutional Amendment?
A Constitutional Amendment is a change made to the Constitution of India to meet changing social, political, and economic needs. It is done according to the procedure laid down in Article 368.
2. Which Article deals with Constitutional Amendments in India?
Article 368 of the Indian Constitution gives Parliament the power and procedure to amend the Constitution.
3. What is the Basic Structure Doctrine?
The Basic Structure Doctrine is a principle established by the Supreme Court in the Kesavananda Bharati Case (1973). It states that Parliament cannot amend the basic structure or essential features of the Constitution.
4. Why was the First Constitutional Amendment Act, 1951 passed?
The First Amendment was passed to address issues related to freedom of speech, land reforms, reservation for backward classes, and judicial decisions that created practical difficulties for the government.
5. What is the significance of the Ninth Schedule?
The Ninth Schedule protects certain laws, mainly land reform laws, from being challenged in courts through judicial review.
6. Why is the Seventh Constitutional Amendment Act important?
The Seventh Amendment reorganized Indian states on linguistic lines, abolished the old classification of states, and created 14 states and 6 Union Territories.
7. Which Constitutional Amendment made Sikkim a full-fledged state of India?
The Thirty-Sixth Constitutional Amendment Act, 1975 made Sikkim the 22nd state of the Indian Union.
8. What was the purpose of the Twenty-Fourth Constitutional Amendment Act?
The Twenty-Fourth Amendment restored Parliament’s power to amend any part of the Constitution, including Fundamental Rights, after the Golaknath judgment.
9. Which Constitutional Amendment abolished the Privy Purses?
The Twenty-Sixth Constitutional Amendment Act, 1971 abolished the Privy Purses and the special privileges of former rulers of princely states.
10. Why are Constitutional Amendments important?
Constitutional Amendments keep the Constitution updated, improve governance, protect citizens’ rights, strengthen democracy, and help the country adapt to changing needs.
